Marriages are an imperative part of the Indian
society: Socially and psychologically. Socially because every single person
wants to achieve a well thought-of social status and automatically it becomes
the reason for psychological importance of marriage. It is natural for us to
congratulate and give our best wishes for the future when we come to know that
someone is about to get married. But will we do the same or react in a similar
fashion if the couple getting married is of the same sex? Most of us will definitely
react negatively or at least we would be hesitant in passing our blessings to
such a couple. In a country like India where marriages are the legal and social
license to have sex, the reservations about same sex marriages have to do more
about two individuals indulging in a physical relationship with the person of
the same gender than the idea of marriage itself. The idea of being homosexual
offends majority of the people because of the long held notion of it being
immoral and evil which is the result of the age-old dogmas to which the
individuals still subscribe to. Even in heterosexual marriages the topic of sex
remains a taboo and as a society we don’t acknowledge it. When such rigidity is
displayed in the case of socially approved heterosexual marriages then such
taboo marriages will hardly find any approval.
Another argument apart from homosexuality being
unnatural is that of conceiving a child in the case of same-sex marriages. For
the Indian society conception of a child is not about choice but it is a duty
for the married couple to procreate so naturally same sex couples are incapable
of it by themselves; even though surrogacy and child adoption can be used to
overcome this hurdle.
Section 377 of the Indian Penal Code, a remnant of
the colonial era, states that sexual intercourse against the order of the nature
is a punishable offence. Even though same-sex relationships have been found to
be fairly common in the animal kingdom therefore it should be deemed natural
and not unnatural because it goes against our societal or religious views.
During the 2000s in some parts of America and Europe the civil movement for
legalizing the same sex marriage got significant recognition. Now around 23
countries in the world including the United States of America have legalized
same sex marriages.
The self-proclaimed saints and the saviors of the
Indian culture are another force who continuously try to derail the processes
of social acceptance of same-sex couples. Baba-Ramdev called homosexuality a
disease which he assures can be cured with the help of Yoga. The biggest irony
here being that even though these the proponents of religion and culture yet
they seem to be as ignorant about it as anybody else. As per Hindu mythology,
in Shiva Purana the union of Shiva and Mohini results in parturition of
Hanumana. In another tale, Aravana the son of Arjun and Ulupi, the Naga
princess, has to sacrifice himself in the battle of Kurukshetra for the victory
of Pandavas but the only wish he had was that he didn’t want to die unmarried.
Shri Krishna then transubstantiates himself into Mohini for one day and even
spends the night with Aravana as his wife and the next day even observes the
customs of mourning which are expected of a widow when Aravana dies. In the
Southern Indian region, the Villagers perform the eighteen day epic kurukshetra
and on the last day mourn the death of Aravana like his widows. Transgender
form a bulk of these mourners. There are ample of tales and stories which give
enough grounds to the fact that same sex marriages have been a part of the
Hindu mythology. Similar disapproval can also be found among the religious
leaders and the clerics of almost every religion. They do not agree on any
single point in the name of religion but they all tend to agree against
homosexuality calling it a malady that needs to be deracinated.
The big question remains that how can a mere
orientation of affection towards a particular sex appear to be wrong in the
eyes of the religion and the law? The constitution of India provides for one’s
personal liberty and freedom and ensures that no one is able to deprive an
Indian citizen of this fundamental right. The state cannot discriminate anyone
on the grounds of religion, sex, race, cast, color, creed or place of
birth. According to the data provided by the Ministry of Health to the
Supreme Court in 2012, our population includes 2.5 million homosexuals. So as
per the concept of fundamental rights, homosexuals also have an equal liberty
lo live life as they want and with whomever they want. Few years back, Delhi
High court decriminalized the section 377 that Supreme Court unturned.
Now one of the most marginalized and abused section of our society is hoping to
breathe free through gaining social acceptance and recognition. They are asking
for nothing more, than to stop discriminating against them on the grounds of
sexual orientation.
We definitely need to extend this recognition and
acceptance after all the broader the perspective the better will be the growth
of mental health of the nation.
